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1. [2018] NZEnvC 091 Aquastar Holdings Limited v Kawerau District Council [pdf, 5.9 MB]

   [BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND AND BETWEEN AND Decision No. [2018] NZEnvC C)~ I of the Resource Management Act 1991 of an appeal against an abatement notice under s 325 of the Act of an application for enforcement orders under s 314 and 316 of the Act AQUASTAR HOLDINGS LIMITED (ENV-2017-AKL-114) Appellant/Respondent KAWERAU DISTRICT COUNCIL Respondent/Applicant (ENV-2017-AKL-127) Court: Environment Judge DA Ki...

2. 20240531-Taxation-Budget-Measures-Bill-for-publication.pdf [pdf, 179 KB]

   ...a complex social policy matter, and some latitude is generally given to the legislature to achieve its objectives. Moses J in R (on the application of Hooper) v Secretary of State for Work & Pensioners stated:5 In determining how to target resources to those in need, the legislature is entitled to impose ‘bright line’ rules which are easy to apply and which may not focus with precision on the merits of individual cases… such bright line rules in the context of social and ec...

3. [2022] NZEnvC 047 Auckland Council v Bank [pdf, 345 KB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 047 IN THE MATTER OF an application for interim enforcement orders under s 320 and enforcement orders under s 314 of the Resource Management Act 1991 (RMA) BETWEEN AUCKLAND COUNCIL (ENV-2022-AKL-091) Applicant AND RONALD BANK First Respondent AND AUCKLAND CONTOURING & FILL SPECIALISTS LIMITED Second Respondent AND KARL ROBERT TAKLE AND JANINE HELEN TAK...

4. Waitangi Tribunal Hearing Calendar (11 July 2022) [pdf, 324 KB]

   ...Rigby, B; Melville, B; Nichol, M; Arbury, E; McNamara, J; Gucake, W & Bartlett, T. EXTERNAL HEARING CALENDAR AUGUST 2022 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 1Wai 2358 - the National Fresh Water and Geothermal Resources Inquiry (Chief Judge Isaac) Priority hearing 2 Wai 2358 - the National Fresh Water and Geothermal Resources Inquiry (Chief Judge Isaac) Priority hearing 3 Wai 2358 - the National Fresh Water and Geothermal Resources Inq...

5. Principal Disputes Referee - position description [pdf, 128 KB]

   ...Tribunal proceedings (h To liaise, where appropriate, with Referees (i) To carry out such other functions as are conferred on the Principal Disputes Referee by rules made under section 60 of the Disputes Tribunal Act 1988. Key responsibilities Resource and operations management • Participate in the recruitment and selection process of Disputes Tribunal Referees • Ensure ongoing support, supervision and monitoring of Referees’ performance • Ensure the availability of R...

6. [2022] NZEnvC 211 Auckland Council v Teddy and Friends Limited [pdf, 190 KB]

   AUCKLAND COUNCIL v TEDDY AND FRIENDS LIMITED IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2022] NZEnvC 211 IN THE MATTER OF an appeal under s 316 of the Resource Management Act 1991 BETWEEN AUCKLAND COUNCIL (ENV-2021-AKL-159) Appellant AND TEDDY AND FRIENDS LIMITED ANGELA MAREE BEER Respondents Court: Judge J A Smith Hearing: 17 October 2022 via Microsoft Teams Appearances: K Fraser and J Magrath for A...

7. Penalty CAC 20003 v Jhagroo [2014] NZREADT 22 [pdf, 88 KB]

   ...where Mr Rea for the defendant is able to endorse the written submissions on penalty put to us by Mr Clancy for the Authority as prosecutor. Mr Clancy’s submissions are reflected in our reasoning below. Presumably because the defendant has limited resources and needs to retain Mr Rea for the High Court appeal against our dismissal of the misconduct charges, Mr Rea has simply provided succinct but helpful submissions by email. The substance of that reads: “On the issue of penalty,...

8. BORA State Sector Amendment Bill (No.3) [pdf, 19 KB]

   ...teachers, at the time the Board of Trustees reports to the Commissioner the names of non-striking teacher, whether or not they are on the list. That would facilitate early correction of any error. http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE26146201/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/state-sector-amendment-bill-no.3-2003#Footnotes 11. In accordance with your instructions, we attach a copy of this opinion...

9. Samuela v Accident Compensation Corporation (Prelimary jurisdiction issue) [2023] NZACC 162 [pdf, 262 KB]

   ...The Court referred to the policy reasons behind the discretion:28 [18] … They are, first, the importance of the adversarial nature of the appellate process in the determination of appeals, secondly, the need for economy in the use of limited resources of the appellate courts and, thirdly, the responsibility of the courts to show proper sensitivity to their role in our system of government. In general, advisory opinions are not appropriate. The Court will hear issues if the...

10. BORA Railways Bill [pdf, 34 KB]

    ...before appointing a safety assessor, the Director must be satisfied that the person has the training, knowledge, or experience required to undertake the functions and duties of a safety assessor. http://ndhadeliver.natlib.govt.nz/ArcAggregator/arcView/resource/IE26146201/http:/www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/bill-of-rights/railways-bill#Footnotes 11. In light of the information above, we consider the powers contained in clauses 46 and 47 appear...